Re: [Cryptography] What is the state of patents on elliptic curve cryptography?

2013-08-23 Thread Phillip Hallam-Baker
On Thu, Aug 22, 2013 at 1:20 AM, Daira Hopwood da...@jacaranda.org wrote:

 On 20/08/13 19:26, Phillip Hallam-Baker wrote:
  It is almost certain that most uses of EC would not infringe the
 remaining patents.
 
  But the patent holder can force anyone attempting to use them to spend
 about $3-5 million
  to defend their right to use EC and so there is very little incentive to
 do so given that
  RSA 2048 is sufficient for almost any need.

 In principle there's no way to be sure of anything being free from
 patents, so why treat
 EC as a special case? Seems like you're just doing Certicom's
 FUD-spreading for them :-(


Given that I am an expert witness specialising in finding prior art for
patent defences, my original post was a statement against interest as I
would be in with a good shot of getting a $100K gig if someone did decided
to test patentability of EC.

There is no way to be sure that anything is free of patents, but in this
case we are pretty sure that there will be a suit.

This is not an exception to the usual approach either, quite a few of my
design proposals in IETF have been shot down as 'too clever', i.e. someone
might have filed a patent.

What worries me on the Certicom patents is whether the 20 year from filing
or 17 years from issue applies since they are continuations in part on a
filing made prior to 7 June 1995.


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Re: [Cryptography] What is the state of patents on elliptic curve cryptography?

2013-08-23 Thread James A. Donald

On 2013-08-21 3:38 AM, Perry E. Metzger wrote:

What is the current state of patents on elliptic curve cryptosystems?
(It would also be useful to know when the patents on such patents as
exist end.)

Perry


Such a question will be answered not with light but with darkness.
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Re: [Cryptography] What is the state of patents on elliptic curve cryptography?

2013-08-21 Thread Zooko Wilcox-OHearn
Here's a nice resource: RFC 6090!

https://tools.ietf.org/html/rfc6090

Also relevant:

http://cr.yp.to/ecdh/patents.html

I'd be keen to see a list of potentially-relevant patents which have
expired or are due to expire within the next 5 years.

Regards,

Zooko Wilcox-O'Hearn

Founder, CEO, and Customer Support Rep
https://LeastAuthority.com
Freedom matters.
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Re: [Cryptography] What is the state of patents on elliptic curve cryptography?

2013-08-21 Thread Phillip Hallam-Baker
It is almost certain that most uses of EC would not infringe the remaining
patents.

But the patent holder can force anyone attempting to use them to spend
about $3-5 million to defend their right to use EC and so there is very
little incentive to do so given that RSA 2048 is sufficient for almost any
need.


The situation might change depending on who buys RIM.


On Tue, Aug 20, 2013 at 1:38 PM, Perry E. Metzger pe...@piermont.comwrote:

 What is the current state of patents on elliptic curve cryptosystems?
 (It would also be useful to know when the patents on such patents as
 exist end.)

 Perry
 --
 Perry E. Metzgerpe...@piermont.com
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Re: [Cryptography] What is the state of patents on elliptic curve cryptography?

2013-08-21 Thread Jerry Leichter
On Aug 20, 2013, at 1:38 PM, Perry E. Metzger wrote:

 What is the current state of patents on elliptic curve cryptosystems?
 (It would also be useful to know when the patents on such patents as
 exist end.)
As the Wikipedia article http://en.wikipedia.org/wiki/ECC_patents makes clear, 
the situation is ... unclear.  Certicom has a large number of patents, the most 
general of which seems to be http://www.google.com/patents/US6141420, which has 
a priority date of July 29, 1994 and a filing date of Jan 29, 1997 - so has 
another 3.5 years to go.  It also holds many other patents - the NSA says more 
than 130 related patents.  But their validity is unclear:  The only lawsuit 
mentioned (Certicom went after Sony) was settled, but Sony at the time was 
claiming prior art.  RSA asserts (but says this isn't a legal opinion) that all 
of Certicom's patents are on particular implementation techniques, and that 
other techniques can be used to avoid the patents.  There are related patents 
held by everyone from Cylink to HP to Apple.

With no cases argued all the way through, it's impossible to evaluate the 
strength or actual breadth of the claims.  The situation is unsettled enough 
that commercial implementors will generally avoid treading in the area except 
for the particular curve that NSA licensed and allowed for general use.  RSA 
seems willing to challenge that position:  As part of its BSAFE library, it 
provides elliptic curve implementations over a variety of curves, not, it 
seems, just the one NSA licensed 
(http://www.emc.com/collateral/data-sheet/11433-bsafe-tech-table.pdf).

-- Jerry



 Perry
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 Perry E. Metzger  pe...@piermont.com
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[Cryptography] What is the state of patents on elliptic curve cryptography?

2013-08-20 Thread Perry E. Metzger
What is the current state of patents on elliptic curve cryptosystems?
(It would also be useful to know when the patents on such patents as
exist end.)

Perry
-- 
Perry E. Metzgerpe...@piermont.com
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